NRS 583.476 Return
of processed carcass of livestock, game mammal or bird: Return of carcass other
than one delivered for processing prohibited under certain circumstances;
marking of certain carcass required; penalty.

NRS 583.010Sale or offer for sale of diseased or unwholesome meat or fish
in city or town unlawful; penalty.

1. No person shall bring, expose or offer
for sale, or sell in any city or town within this state, for human food, any:

(a) Blown, meager, diseased or bad meat or game;
or

(b) Unsound, diseased or unwholesome fish.

2. No person shall bring, expose or offer
for sale, or sell in any city or town within this state, the flesh of any
animal which, when killed, was sick or diseased, or that died a natural or
accidental death.

3. No person shall slaughter, expose for
sale or sell, or bring or cause to be brought into any city or town within this
state, for human food, any calf unless it is in good, healthy condition and 4
weeks of age.

4. Any article or animal that shall be
offered or exhibited for sale, in any part of this state, in any market or
elsewhere, as though it were intended for sale, shall be deemed offered and
exposed for sale, within the intent and meaning of this section.

5. Any person who, in violation of the
provisions of this section, shall bring, slaughter, expose or offer for sale,
or sell in any city or town within this state any article or animal which is
unfit or unsafe for human food shall forfeit the same to the authorities.

6. Any sheriff, constable, police officer
or other peace officer or the Chief Medical Officer shall forthwith remove any
of the animals or articles named in this section, when aware of the existence
thereof, at the expense of the owner thereof, in a manner that will insure
safety and protection to the public.

7. Any person violating any of the
provisions of this section shall be guilty of a misdemeanor.

NRS 583.020Sale of flesh of diseased animal or shellfish containers without
approved stamp is gross misdemeanor.Any
person who shall knowingly sell any flesh of any diseased animal or any
container containing shellfish, if such container does not have an approved
stamp authorized by the Division of Public and Behavioral Health of the
Department of Health and Human Services, is guilty of a gross misdemeanor.

NRS 583.040Sale or possession of carcass of animal slaughtered or prepared
under insanitary conditions unlawful; insanitary conditions in slaughterhouses;
penalties.

1. It shall be unlawful for any person,
firm or corporation to sell within this State, or to possess with the intent to
sell within this State, for human food, the carcass or parts of the carcass of
any animal which has been slaughtered, or is prepared, handled or kept under
insanitary conditions, or any primal cut of meat which is not stamped with an
approved stamp authorized by the Division of Public and Behavioral Health of
the Department of Health and Human Services.

2. Insanitary conditions shall be deemed
to exist in any slaughterhouse that does not comply with the provisions of chapter 446 of NRS.

3. Any person, firm or corporation
violating any of the provisions of this section shall be guilty of a
misdemeanor.

NRS 583.045Selling or offering to sell product of foreign country without
label stating country of origin prohibited; penalty.

1. No person or corporation may sell or
offer for sale to the consumer through a meat market, store or otherwise any
meats, either fresh or frozen, which are products of any country foreign to the
United States, without first indicating such fact by labels or brands on each
quarter, half or whole carcass of such meat, and on each counter display
containing any of the above-described products, naming the country of its
origin.

2. Any person violating any of the
provisions of this section is guilty of a misdemeanor.

1. It shall be unlawful for any person to
sell the meat of any equine animal without informing the purchaser thereof, at
the time of such sale, that the meat is the meat of an equine animal.

2. It shall be unlawful for any person
peddling the meat of any equine animal, who is not the keeper of any shop or
meat market, to sell such meat without possessing then and there the hide of
such animal containing the brand and other marks thereon, and upon request not
to exhibit the hide of such animal containing the brand and other marks
thereon.

3. Any person violating any of the
provisions of this section shall be guilty of a misdemeanor.

1. The State Department of Agriculture
shall establish a program for grading and certifying meats, prepared meats and
meat products in conformity with federal practice.

2. The Department may enter into
cooperative agreements with the Agricultural Marketing Service of the United
States Department of Agriculture and the College of Agriculture of the
University of Nevada, Reno, and adopt appropriate regulations to carry out the
program.

3. The Department may establish fees, to
be collected from slaughtering or other processing operations, for the purpose
of grading and certifying meats, prepared meats and meat products.

NRS 583.060Sale or offer for sale of diseased or unwholesome produce in
city or town unlawful; penalty.

1. No person shall bring, expose or offer
for sale, or sell in any city or town within this state for human food any
unsound, diseased or unwholesome fruit, vegetables or other market produce.

2. Any article that shall be offered or
exhibited for sale, in any part of this state, in any market or elsewhere, as
though it were intended for sale, shall be deemed offered and exposed for sale,
within the intent and meaning of this section.

3. Any person who, in violation of the
provisions of this section, shall bring, expose or offer for sale, or sell in
any city or town within this state any article which is unfit or unsafe for
human food shall forfeit the same to the authorities.

4. Any sheriff, constable, police officer
or other peace officer or the Chief Medical Officer shall forthwith remove any
of the articles named in this section, when aware of the existence thereof, at
the expense of the owner thereof, in a manner that will insure safety and
protection to the public.

5. Any person violating any of the
provisions of this section shall be guilty of a misdemeanor.

NRS 583.070Sale or offer for sale of diseased or blown poultry in city or
town unlawful; penalty.

1. No person shall bring, expose or offer
for sale, or sell in any city or town within this state for human food any
blown, meager, diseased or bad poultry.

2. Any article that shall be offered or
exhibited for sale, in any part of this state, in any market or elsewhere, as
though it were intended for sale, shall be deemed offered and exposed for sale,
within the intent and meaning of this section.

3. Any person who, in violation of the
provisions of this section, shall bring, expose or offer for sale, or sell in
any city or town within this state any article which is unfit or unsafe for
human food shall forfeit the same to the authorities.

4. Any sheriff, constable, police officer
or other peace officer or the Chief Medical Officer shall forthwith remove any
of the articles named in this section, when aware of the existence thereof, at
the expense of the owner thereof, in a manner that will insure safety and
protection to the public.

5. Any person violating any of the
provisions of this section shall be guilty of a misdemeanor.

1. It shall be unlawful for any person,
firm or corporation to possess, with intent to sell:

(a) The carcass or part of any carcass of any
fowl which has died from any cause other than being slaughtered in a sanitary
manner;

(b) The carcass or part of any carcass of any fowl
that shows evidence of any disease, or that came from a sick or diseased fowl;
or

(c) The carcass or part of any carcass of any
fowl not processed in an establishment approved by the Division of Public and
Behavioral Health of the Department of Health and Human Services or in
accordance with poultry regulations adopted by the Division.

2. Any person, firm or corporation
violating any of the provisions of this section shall be guilty of a
misdemeanor.

NRS 583.110Definitions.As
used in NRS 583.110 to 583.210,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 583.111 to 583.120,
inclusive, have the meanings ascribed to them in those sections.

NRS 583.115“Blood streak” defined.“Blood
streak” means the presence of blood in an egg due to partial incubation.

[Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

NRS 583.116“Consumer” defined.“Consumer”
means any person purchasing eggs for his or her family’s use or consumption, or
a restaurant, hotel, boardinghouse, bakery or other institution purchasing eggs
for serving to guests or patrons, or for its use in cooking or baking.

(d) If it consists in whole or in part of a
filthy, decomposed or putrid substance.

[1:164:1927; NCL § 5160]

NRS 583.150Sale of unbranded or unstamped incubated eggs unlawful.It shall be unlawful to offer or expose for
sale or sell incubated eggs unless branded or stamped with the word
“Incubated.”

[Part 2:164:1927; NCL § 5161]

NRS 583.160Sale of fresh eggs not conforming to classifications unlawful.It shall be unlawful for any person, firm or
corporation to represent, advertise or sell as fresh eggs any eggs that do not
conform to the classifications provided for fresh eggs in NRS 583.110 to 583.210,
inclusive.

[3:164:1927; NCL § 5162]

NRS 583.170Sale or offer for sale of eggs without designation of size and
quality unlawful.It shall be
unlawful for any person, firm or corporation to sell or offer or expose for
sale any eggs intended for human consumption:

1. Unless each container and subcontainer
is marked with the full, correct and unabbreviated designation of size and
quality of the eggs contained therein, according to the grade and standards
prescribed by the State Quarantine Officer, and with the name and address of
the producer, dealer, retailer or agent by or for whom the eggs were graded or
marked.

2. From bulk lots, open cases or other
types of containers unless a plainly legible sign or placard is conspicuously
placed and posted in such a position as to identify clearly and accurately the
eggs contained therein and is marked with the full, correct and unabbreviated
designation of size and quality of such eggs according to the grade and
standards prescribed by the State Quarantine Officer.

[4:164:1927; NCL § 5163]—(NRS A 1959, 246)

NRS 583.180Size and style of printing for designation of size and quality
of eggs.

1. The designation of size and quality
required by subsection 1 of NRS 583.170 shall be
plainly and conspicuously marked in boldface type letters:

(a) Not less than one-fourth inch in height on
the outside top face of each container holding less than 15 dozen eggs.

(b) Not less than one-half inch in height on one
outside end of any container holding 15 dozen or more eggs.

2. The sign or placard required by
subsection 2 of NRS 583.170 shall be plainly and
conspicuously marked in boldface type letters not less than 1 inch in height.

[Part 5:164:1927; NCL § 5164]—(NRS A 1959, 246)

NRS 583.190Marking of containers when eggs sold in lots of half cases or
more.When eggs are sold in lots
of half cases or more, the container must be marked, showing plainly and truly
the grade or grades of eggs therein contained, and an invoice must accompany
the sale plainly and truly indicating the grade or grades of eggs sold.

[Part 5:164:1927; NCL § 5164]

NRS 583.200Applicability of provisions.The
provisions of NRS 583.110 to 583.210,
inclusive, shall not apply to any eggs being handled for, or in transit to, or
sold to dealers in commercial centers to be candled and graded, but all such
eggs offered for sale in half cases or more shall be plainly stamped or branded
“Not candled” upon the outside of the container in letters 1 inch in height.

[Part 5:164:1927; NCL § 5164]

NRS 583.210Penalty.Any person
who violates any of the provisions of NRS 583.110
to 583.200, inclusive, shall be guilty of a
misdemeanor.

1. “Adulterated” applies to any livestock
or poultry carcass, part of either carcass, meat or meat food product if:

(a) It bears or contains any poisonous or
deleterious substance which may render it injurious to health, but if the
substance is not an added substance, such article shall not be considered
adulterated under this paragraph if the quantity of such substance in or on
such article does not ordinarily render it injurious to health.

(b) It bears or contains, by reason of
administration of any substance to the live animal or otherwise, any added
poisonous or added deleterious substance, other than one which is:

(1) A pesticide chemical in or on a raw
agricultural commodity;

(2) A food additive; or

(3) A color additive,

Ê which may,
in the judgment of the Officer, make such article unfit for human food.

(c) It is, in whole or in part, a raw
agricultural commodity and such commodity bears or contains a pesticide
chemical which is unsafe within the meaning of section 408 of the Federal Food,
Drug, and Cosmetic Act, 21 U.S.C. § 346a.

(d) It bears or contains any food additive which
is unsafe within the meaning of section 409 of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. § 348.

(e) It bears or contains any color additive which
is unsafe within the meaning of section 706 of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. § 376.

(f) It consists in whole or in part of any
filthy, putrid or decomposed substance or is for any other reason unsound,
unhealthful, unwholesome or otherwise unfit for human food.

(g) It has been prepared, packed or held under
insanitary conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health.

(h) It is, in whole or in part, the product of an
animal which has died otherwise than by slaughter.

(i) Its container is composed, in whole or in
part, of any poisonous or deleterious substance which may render the contents
injurious to health.

(j) It has been intentionally subjected to
radiation, unless the use of the radiation was in conformity with a regulation
or exemption in effect pursuant to section 409 of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. § 348.

(k) Any valuable constituent has been in whole or
in part omitted or abstracted therefrom, or if any substance has been
substituted, wholly or in part therefor, or if damage or inferiority has been
concealed in any manner, or if any substance has been added thereto or mixed or
packed therewith so as to increase its bulk or weight, or reduce its quality or
strength, or make it appear better or of greater value than it is.

(l) It is margarine containing animal fat and any
of the raw material used therein consisted in whole or in part of any filthy,
putrid or decomposed substance.

2. An article which is not adulterated
under paragraph (c), (d) or (e) of subsection 1 shall be deemed adulterated if
use of the pesticide chemical, food additive or color additive in or on such
article is prohibited by regulations of the Secretary of Agriculture in
establishments at which inspection is maintained under the Wholesome Meat Act
and the Wholesome Poultry Products Act.

(Added to NRS by 1969, 982; A 1971, 890)

NRS 583.268“Animal food manufacturer” defined.“Animal
food manufacturer” means any person engaged in the business of manufacturing or
processing animal food derived wholly or in part from carcasses, or parts or
products of the carcasses, of poultry, cattle, sheep, swine, goats, horses,
mules or other equines.

(Added to NRS by 1971, 886)

NRS 583.272“Capable of use as human food” defined.“Capable
of use as human food” applies to any carcass, or part or product of a carcass,
of any poultry, unless it is denatured or otherwise identified as required by
regulations prescribed by the Officer to deter its use as human food, or it is
naturally inedible by humans.

NRS 583.285“Immediate container” defined.“Immediate
container” means any consumer package or any other container in which an
article, not consumer packaged, is packed.

(Added to NRS by 1969, 983)

NRS 583.295“Inspector” defined.“Inspector”
means:

1. A person who has entered into a
contract pursuant to NRS 583.448; or

2. An employee or official of the Division
of Public and Behavioral Health of the Department of Health and Human Services
authorized by the Officer to inspect livestock, poultry, game mammals or birds
or carcasses or parts thereof.

NRS 583.315“Label” defined.“Label”
means any written, printed or graphic material upon the shipping container, if
any, or upon the immediate container, including but not limited to an
individual consumer package, of an article, or accompanying such article.

(Added to NRS by 1969, 984)

NRS 583.317“Labeling” defined.“Labeling”
means all labels and other written, printed or graphic matter:

NRS 583.335“Meat” defined.“Meat”
means any edible part of the carcass of any livestock.

(Added to NRS by 1969, 984)

NRS 583.339“Meat broker” defined.“Meat
broker” means any person, firm or corporation engaged in the business of buying
or selling carcasses, parts of carcasses, meat or meat food products of cattle,
sheep, swine, goats, horses, mules or other equines on commission, or otherwise
negotiating purchases or sales of such articles other than for the person’s,
firm’s or corporation’s own account or as an employee of another person, firm
or corporation.

(Added to NRS by 1971, 887)

NRS 583.345“Meat food product” defined.“Meat
food product” means any product capable of use as human food which is made
wholly or in part from any meat or other portion of the carcass of any cattle,
sheep, swine, goats, horses or other equines, except products which contain
meat or other portions of such carcasses only in a relatively small proportion
or historically have not been considered by consumers as products of the meat
food industry, and which are exempted from definition as a meat food product by
the Officer under such conditions as the Officer may prescribe to assure that
the meat or other portions of such carcasses contained in such product are not
adulterated and that such products are not represented as meat food products.

(Added to NRS by 1969, 984; A 1971, 891)

NRS 583.355“Misbranded” defined.“Misbranded”
applies to any livestock or poultry carcass, part of either carcass, meat or
meat food product if:

1. Its labeling is false or misleading in
any particular.

2. It is offered for sale under the name
of another food.

3. It is an imitation of another food,
unless its label bears, in type of uniform size and prominence, the word
“imitation” and immediately thereafter, the name of the food imitated.

4. Its container is so made, formed or
filled as to be misleading.

5. It is in a package or other container
which does not bear a label showing:

(a) The name and place of business of the
manufacturer, packer or distributor; and

(b) An accurate statement of the quantity of the
contents in terms of weight, measure or numerical count.

Ê Under
paragraph (b), reasonable variations may be permitted, and exemptions as to
small packages may be established, by regulations prescribed by the Officer.

6. Any word, statement or other
information required by or under authority of NRS
583.255 to 583.555, inclusive, to appear on the
label or other labeling is not prominently placed thereon with such
conspicuousness, as compared with other words, statements, designs or devices
in the labeling, and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of purchase
and use.

7. It purports to be or is represented as
a food for which a definition and standard of identity or composition has been
prescribed by regulations of the Secretary of Agriculture under section 7 of
Title I of the Wholesome Meat Act, 21 U.S.C. § 607 or section 8 of the
Wholesome Poultry Products Act, 21 U.S.C. § 457, unless it conforms to such
definition and standard, and its label bears the name of the food specified in
the definition and standard and, insofar as may be required by such regulations,
the common names of optional ingredients, other than spices, flavoring and
coloring, present in such food.

8. It purports to be or is represented as
a food for which a standard or standards of fill of container have been
prescribed by regulations of the Secretary of Agriculture under section 7 of
Title I of the Wholesome Meat Act, 21 U.S.C. § 607, or section 8 of the
Wholesome Poultry Products Act, 21 U.S.C. § 457, and it falls below the
standard of fill of container applicable thereto, unless its label bears, in
such manner and form as such regulations specify, a statement that it falls
below such standard.

9. It is not subject to the provisions of
subsection 7, unless its label bears:

(a) The common or usual name of the food, if any;
and

(b) In case it is fabricated from two or more
ingredients, the common or usual name of each such ingredient, except that spices,
flavorings and colorings may, when authorized by the Officer, be designated as
spices, flavorings and colorings without naming each.

Ê To the
extent that compliance with the requirements of paragraph (b) is impracticable,
or results in deception or unfair competition, exemptions shall be established
by regulations promulgated by the Officer.

10. It purports to be or is represented
for special dietary uses, unless its label bears such information concerning
its vitamin, mineral and other dietary properties as the Officer determines to
be, and by regulations prescribed as, necessary in order fully to inform
purchasers as to its value for such uses.

11. It bears or contains any artificial
flavoring, artificial coloring or chemical preservative, unless it bears
labeling stating that fact. To the extent that compliance with the requirements
of this subsection is impracticable, exemptions shall be established by
regulations promulgated by the Officer.

12. It fails to bear, directly thereon or
on its container, as the Officer may by regulations prescribe, the inspection
legend and, unrestricted by any requirement of this section, such other
information as the Officer may require in such regulations to assure that it
will not have false or misleading labeling and that the public will be informed
of the manner of handling required to maintain the article in a wholesome
condition.

NRS 583.368“Official certificate” defined.“Official
certificate” means any certificate prescribed by regulations of the Officer for
issuance by an inspector or other person performing an official function.

(Added to NRS by 1971, 887)

NRS 583.372“Official device” defined.“Official
device” means any device prescribed or authorized by the Officer for use in
applying any official mark.

(Added to NRS by 1971, 887)

NRS 583.375“Official establishment” defined.“Official
establishment” means any establishment in this state, other than an
establishment covered by subsection 1 of NRS 583.545,
which on a commercial basis slaughters or processes for hire any meat animal,
game mammal, poultry or game bird for human consumption, and which has been
inspected and approved by the Officer.

NRS 583.385“Official inspection mark” defined.“Official
inspection mark” means any symbol, formulated pursuant to rules and regulations
prescribed by the Officer, stating that an article was inspected and passed.

(Added to NRS by 1969, 985)

NRS 583.389“Official mark” defined.“Official
mark” means the official inspection legend or any other symbol prescribed by
regulations of the Officer to identify the status of any article or animal.

NRS 583.407“Poultry product” defined.“Poultry
product” means any poultry carcass, or part thereof, or any product which is
made wholly or in part from any poultry carcass or part thereof, excepting
products which contain poultry ingredients only in a relatively small
proportion or historically have not been considered by consumers as products of
the poultry food industry, and which are exempted by the Officer from
definition as a poultry product under such conditions as the Officer may
prescribe to assure that the poultry ingredients in such products are not
adulterated and that such products are not represented as poultry products.

(Added to NRS by 1971, 887)

NRS 583.408“Poultry products broker” defined.“Poultry
products broker” means any person engaged in the business of buying or selling
poultry products on commission, or otherwise negotiating purchases or sales of
such articles other than for the person’s own account or as an employee of
another person.

NRS 583.413“Renderer” defined.“Renderer”
means any person, firm or corporation engaged in the business of rendering
carcasses or parts or products of the carcasses of poultry, cattle, sheep,
swine, goats, horses, mules or other equines, except rendering conducted under
inspection.

(Added to NRS by 1971, 887)

NRS 583.415“Shipping container” defined.“Shipping
container” means any container used or intended for use in packaging the
article packed in an immediate container.

NRS 583.435Declaration of policy; responsibilities of Division of Public
and Behavioral Health of the Department of Health and Human Services.

1. Meat, meat food products, and poultry
products are an important source of the supply of human food in this State and
legislation to assure that such food supplies are unadulterated and otherwise
fit for human consumption, and properly labeled, is in the public interest.
Therefore, it is hereby declared to be the policy of this State to provide for
the inspection of slaughtered livestock, poultry and other animals, and the
carcasses and parts thereof which are used for human food, at certain
establishments to prevent the distribution in intrastate commerce, for human
consumption, of animal carcasses and parts thereof which are adulterated or
otherwise unfit for human food.

2. The Division of Public and Behavioral
Health of the Department of Health and Human Services is hereby designated as
the single state agency primarily responsible for the administration of the
program established by NRS 583.255 to 583.555, inclusive.

(Added to NRS by 1969, 986; A 1971, 893; 1973, 1406;
1975, 602)

NRS 583.439Compliance required in intrastate commerce.A person shall not, with respect to any
poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits,
game mammals or birds, or any carcasses, parts of carcasses, meat or meat food
products of any such animals:

1. Slaughter an animal or prepare an
article which can be used as human food at any establishment preparing animals,
carcasses or products for intrastate commerce, except in compliance with the
provisions of NRS 583.255 to 583.555,
inclusive.

2. Sell, transport, offer for sale or
transportation or receive for transportation in intrastate commerce any such
articles which:

(a) Are capable of use as human food;

(b) Are adulterated or misbranded at the time of
the sale, transportation, offer for sale or transportation, or receipt for
transportation; or

(c) Are required to be inspected pursuant to the
provisions of this Title,

Ê unless they
have been so inspected and passed.

3. Do, with respect to any such articles
which are capable of use as human food, any act while they are being
transported in intrastate commerce or held for sale after transportation which
is intended to cause or has the effect of causing any article to be adulterated
or misbranded.

1. The Officer, an inspector or a person
acting as an inspector shall make an ante mortem inspection of livestock,
poultry and game mammals and birds in any official establishment where
livestock, poultry or game mammals or birds are slaughtered for commercial
purposes.

2. Whenever slaughtering or other
processing operations are being conducted, the Officer, an inspector or a
person acting as an inspector shall make postmortem inspection of the carcasses
and parts thereof of each animal and bird slaughtered in an official
establishment.

3. The Officer, inspector or person acting
as an inspector shall quarantine, segregate and reinspect livestock, poultry,
game mammals and birds, and carcasses and parts thereof in official
establishments as he or she deems necessary to effectuate the purposes of NRS 583.255 to 583.555,
inclusive.

4. Except as otherwise provided in this
section, all carcasses of livestock, poultry, other animals and parts thereof
found by the Officer, an inspector or person acting as an inspector to be
adulterated in any official establishment must be condemned by the Officer or
an inspector. If no appeal is taken from the determination of condemnation, the
carcasses must be destroyed for human food purposes under the supervision of an
inspector unless the carcasses can, by reprocessing, be made unadulterated. In
such a case they need not be so condemned and destroyed if reprocessed under
the supervision of an inspector and thereafter found to be unadulterated. If
any appeal is taken from the determination of condemnation, the carcasses must
be appropriately marked and segregated pending completion of an additional
inspection. The appeal is at the cost of the appellant if the Officer, after a
hearing, determines that the appeal is frivolous. If the determination of
condemnation is sustained, the carcasses must be destroyed for human food
purposes under the supervision of an inspector.

NRS 583.451Authority of owner or operator of official establishment to act
as inspector.An owner or operator
of an official establishment may act as an inspector for ante mortem and
postmortem inspections if the owner or operator receives written approval from
the Officer.

1. A person shall not operate an official
establishment unless the person receives a permit issued by the Officer.

2. A person must apply for a permit on a
form provided by the Division of Public and Behavioral Health of the Department
of Health and Human Services. The application must include:

(a) The applicant’s full name and address;

(b) A statement whether the applicant is a
natural person, firm or corporation, and if a partnership, the names and
addresses of the partners;

(c) A statement of the location and type of
proposed establishment; and

(d) The signature of the applicant.

3. Upon receipt of an application, an
inspector shall make an inspection of the establishment. If the inspection
indicates that the requirements of this chapter have been met, the Officer
shall issue a permit to the applicant.

4. A permit issued pursuant to this
section is not transferable and must be posted in the establishment.

NRS 583.455Official establishment: Method of operation; requirements for
approval; licensing by local government.

1. Each official establishment at which
livestock, poultry or game mammals or birds are slaughtered or carcasses or
parts thereof are processed for intrastate commerce must be operated in
accordance with sanitary practices required by rules or regulations prescribed
by the Officer. Carcasses or parts of livestock, poultry or game mammals or
birds must not be admitted into any official establishment unless they have
been prepared in accordance with procedures approved pursuant to NRS 583.255 to 583.555,
inclusive, the Wholesome Poultry Products Act or the Wholesome Meat Act, or
unless their admission is permitted by rules or regulations prescribed by the
State Board of Health.

2. The Officer may issue a permit for an
establishment to operate as an official establishment but shall not approve any
establishment whose premises, facilities or equipment, or the operation
thereof, fail to meet the requirements of this section.

3. A local government shall not issue a
business license for operation of any establishment unless it has been issued a
permit as an official establishment.

1. The Officer may suspend a permit if the
holder fails to comply with the requirements of this chapter.

2. If a permit is suspended, the Officer
shall notify the holder in writing. The notice must contain a statement
informing the holder that a hearing will be provided if a written request for a
hearing is filed by the holder with the Officer.

3. A person whose permit has been
suspended may, at any time, apply for reinstatement of the permit. The
application must contain a statement signed by the applicant that in the
applicant’s opinion the conditions causing the suspension have been corrected.
Within 10 days after receipt of a written request, an inspector shall make an
inspection. If the applicant is complying with the requirements of this
chapter, the permit must be reinstated.

4. After opportunity for a hearing, the
Officer may permanently revoke a permit for serious or repeated violations of
any of the provisions of this chapter or for interference with an inspector in
the performance of the inspector’s duties. Before revoking a permit, the
Officer shall notify the holder in writing, by certified mail, stating the
reason for which the permit is subject to revocation and the requirements for
filing a request for a hearing.

5. The Officer may permanently revoke a
permit unless a request for a hearing is filed with the Officer by the holder
of the permit within 10 days after service of notice.

6. A hearing must be conducted by the
Officer at a time and place designated by the Officer. The Officer shall:

(a) Make a finding and may sustain, modify or
rescind any notice or order considered in the hearing.

(b) Furnish a written report of the decision to
the holder of the permit.

1. Each carcass of livestock, poultry or
game mammals or birds and each primal part of such a carcass must bear an
official inspection mark and an approved plant number of the establishment when
it leaves the official establishment. The Officer may at any time require by
regulation additional marks or label information to appear on the carcasses of
livestock, poultry or game mammals or birds, or parts thereof. Marks and labels
required by this section must be applied only by, or under the supervision of,
an inspector.

2. If the Officer has reason to believe
that any label in use or prepared for use is false or misleading in any
particular, the Officer may direct that the use of the label be withheld unless
it is modified in the manner prescribed by the Officer. If the person using or
proposing to use the label does not accept the determination of the Officer,
the person may request a hearing, but the use of the label must, if the Officer
so directs, be withheld pending a hearing and final determination by the
Officer. A determination by the Officer is conclusive unless, within 30 days
after the receipt of notice of the determination, the person adversely affected
appeals to the district court in and for the county in which the person’s
principal place of business is located.

1. No article subject to the provisions of
NRS 583.255 to 583.555,
inclusive, shall be sold or offered for sale by any person, firm or
corporation, in intrastate commerce, under any name or other marking or
labeling which is false or misleading, or in any container of a misleading form
or size, but established trade names and other markings and labeling and
containers which are not false or misleading and which are approved by the
Officer are permitted.

2. If the Officer has reason to believe
any person, firm or corporation is violating subsection 1, the Officer may
direct that such practice be stopped.

3. If such person, firm or corporation
using or proposing to use such marking, labeling or container objects to the
direction of the Officer, the person, firm or corporation may request a
hearing, but the use of such marking, labeling or container shall, if the
Officer so directs, be withheld pending the hearing and final determination by
the Officer.

4. Any final determination by the Officer
shall be conclusive unless, within 30 days after receipt of notice of such
determination, the person, firm or corporation adversely affected thereby
appeals to the district court for the county in which such person, firm or
corporation has its principal place of business.

(Added to NRS by 1971, 887)

NRS 583.472Unlawful advertising of meat or meat products; penalty.

1. It is unlawful for the owner,
proprietor or manager of a retail meat market, personally or through another,
to advertise any prepackaged meat or meat food product with a United States
Department of Agriculture grade unless such meat or meat food product is
actually available to the public and bears the grade awarded to it by the
United States Department of Agriculture.

2. It is unlawful for the owner,
proprietor or manager of a retail meat market, personally or through another,
to advertise carcass, quarter or primal cuts of meat with a USDA grade unless
the USDA yield grade is included in the advertisement.

3. Any person who violates any provision
of this section shall be punished by a fine of not more than $500.

(Added to NRS by 1973, 197; A 1979, 1488)

NRS 583.475Prohibited acts.It
is unlawful for any person:

1. To process, sell or offer for sale,
transport or deliver or receive for transportation, in intrastate commerce, any
livestock or poultry carcass or part thereof unless such article has been
inspected and unless the article and its shipping container and immediate
container, if any, are marked in accordance with the requirements of NRS 583.255 to 583.555,
inclusive, or the Wholesome Meat Act or the Wholesome Poultry Products Act.

2. To sell or otherwise dispose of, for
human food, any livestock or poultry carcass or part thereof which has been
inspected and declared to be adulterated in accordance with NRS 583.255 to 583.555,
inclusive, or which is misbranded.

3. Falsely to make or issue, alter, forge,
simulate or counterfeit or use without proper authority any official inspection
certificate, memorandum, mark or other identification, or device for making
such mark or identification, used in connection with inspection in accordance
with NRS 583.255 to 583.555,
inclusive, or cause, procure, aid, assist in, or be a party to such false
making, issuing, altering, forging, simulating, counterfeiting or unauthorized
use, or knowingly to possess, without promptly notifying the Officer or the
Officer’s representative, utter, publish or use as true, or cause to be
uttered, published or used as true, any such falsely made or issued, altered,
forged, simulated or counterfeited official inspection certificate, memorandum,
mark or other identification, or device for making such mark or identification,
or to represent that any article has been officially inspected in accordance
with NRS 583.255 to 583.555,
inclusive, when such article has in fact not been so inspected, or knowingly to
make any false representations in any certificate prescribed by the Officer or
any form resembling any such certificate.

4. To misbrand or do an act intending to
misbrand any livestock or poultry carcass or part thereof, in intrastate
commerce.

5. To use any container bearing an
official inspection mark unless the article contained therein is in the
original form in which it was inspected and covered by such mark unless the
mark is removed, obliterated or otherwise destroyed.

6. To refuse at any reasonable time to
permit access:

(a) By a health officer or the health officer’s
agents to the premises of an establishment in this state where carcasses of
livestock or poultry, or parts thereof, are processed for intrastate commerce.

(b) By the Secretary of Agriculture or the
Secretary’s representative to the premises of any establishment specified in
paragraph (a), for inspection and the taking of reasonable samples.

7. To refuse to permit access to and the
copying of any record as authorized by NRS 583.485.

8. To use for personal advantage, or
reveal, other than to the authorized representatives of any state agency in
their official capacity, or to the courts when relevant in any judicial
proceeding, any information acquired under the authority of NRS 583.255 to 583.555,
inclusive, concerning any matter which as a trade secret is entitled to
protection.

9. To deliver, receive, transport, sell or
offer for sale or transportation in intrastate commerce, for human consumption,
any uneviscerated slaughtered poultry, or any livestock or poultry carcass or
part thereof which has been processed in violation of any requirements under NRS 583.255 to 583.555,
inclusive, except as may be authorized by and pursuant to rules and regulations
prescribed by the Officer.

10. To deliver, receive, transport, sell
or offer for sale or transportation in intrastate commerce any adulterated or
misbranded livestock or poultry carcass or part thereof which is exempted under
NRS 583.515.

11. To apply to any livestock or poultry
carcass or part thereof, or any container thereof, any official inspection mark
or label required by NRS 583.255 to 583.555, inclusive, except by, or under the
supervision of, an inspector.

(Added to NRS by 1969, 987; A 1971, 895)

NRS 583.476Return of processed carcass of livestock, game mammal or bird:
Return of carcass other than one delivered for processing prohibited under
certain circumstances; marking of certain carcass required; penalty.

1. If a carcass of livestock or of a game
mammal or bird is delivered for processing to a person who is engaged in the
business of processing such carcasses, the person shall not, if he or she
returns the carcass after processing it to the person who delivered it, return
to that person a processed carcass other than the carcass which was delivered
for processing.

2. For the purposes of carrying out the
provisions of subsection 1, a person who is engaged in the business of
processing carcasses of livestock or game mammals or birds shall mark any such
carcass that is to be returned to the person who delivered it for processing in
a manner which provides for the identification of that person.

3. A person who violates any provision of
this section is guilty of a misdemeanor.

1. No person, firm or corporation shall
sell, transport, offer for sale or transportation or receive for transportation
in intrastate commerce any carcasses of horses, mules or other equines or parts
of such carcasses, or the meat or the meat food products thereof, unless they
are plainly and conspicuously marked or labeled or otherwise identified as
required by regulations prescribed by the Officer to show the kinds of animals
from which they were derived.

2. When required by the Officer, with
respect to establishments at which inspection is maintained under this Title,
such animals and their carcasses, parts thereof, meat and meat food products
shall be prepared in establishments separate from those in which poultry,
cattle, sheep, swine or goats are slaughtered or their carcasses, parts
thereof, meat or meat food products are prepared.

(Added to NRS by 1971, 888)

NRS 583.481Registration of name, address and trade name of business
required.No person, firm or
corporation shall engage in business, in or for intrastate commerce:

1. As a meat broker, renderer or animal
food manufacturer;

2. As a wholesaler of any carcasses, or
parts or products of the carcasses, of any poultry, cattle, sheep, swine,
goats, horses, mules or other equines, whether intended for human food or other
purposes;

3. As a public warehouseman storing any
such articles in or for intrastate commerce; or

4. Of buying, selling or transporting in
intrastate commerce, or importing, any dead, dying, disabled or diseased
animals of the specified kinds, or parts of the carcasses of any such animals
that died otherwise than by slaughter,

Ê unless, when
required by regulations of the Officer, the person, firm or corporation has
registered with the Officer the name, and the address of each place of business
at which and all trade names under which the person, firm or corporation
conducts such business.

(Added to NRS by 1971, 889)

NRS 583.485Records; examination of facilities and inventory.

1. Persons engaged in the business of
slaughtering, freezing, packing, labeling, buying and selling for intrastate
commerce or transporting, shipping or receiving in such commerce livestock or
poultry slaughtered for human consumption or holding such articles so received
shall maintain such records as the Officer by regulation may require, showing,
to the extent that they are concerned therewith, the receipt, delivery, sale,
movement or disposition of such articles, and shall, upon the request of the
Officer, permit the Officer at reasonable times to have access to and to copy
all such records.

2. Any person, firm or corporation that engages
in business, in or for intrastate commerce, as a renderer, or engages in the
business of buying, selling or transporting, in such commerce, any dead, dying,
disabled or diseased cattle, sheep, swine, goats, horses, mules or other
equines, or poultry, or parts of the carcasses of any such animals that died
otherwise than by slaughter, shall keep records subject to inspection pursuant
to subsection 1.

3. Any record required to be maintained by
this section shall be maintained for a period of 2 years after the transaction
has taken place which is subject to such record.

4. Persons, firms or corporations
specified in subsections 1 and 2 shall, at all reasonable times, upon notice by
a duly authorized representative of the Officer, afford such representative
access to their places of business and an opportunity to examine the facilities
and inventory and to take reasonable samples of their inventory, upon payment
of the fair market value thereof.

(b) Is once convicted of violating the provisions
of NRS 583.475 and 583.485
and again violates any of those provisions is guilty of a gross misdemeanor.

(c) Is twice convicted of violating the
provisions of NRS 583.475 and 583.485 and again violates any of those provisions is
guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. When construing or enforcing the
provisions of NRS 583.255 to 583.555,
inclusive, the act, omission or failure of a person acting for or employed by
an individual, partnership, corporation, association or other business unit,
within the scope of the person’s employment or office, shall in every case be
deemed the act, omission or failure of the individual, partnership,
corporation, association or other business unit, as well as of the person.

3. A carrier is not subject to the
penalties imposed by this section by reason of the carrier’s receipt, carriage,
holding or delivery, in the usual course of business as a carrier, of livestock
or poultry carcasses or parts thereof owned by another person, unless the
carrier:

(a) Has knowledge, or is in possession of facts
which would cause a reasonable person to believe, that the articles do not
comply with the provisions of NRS 583.255 to 583.555, inclusive.

(b) Refuses to furnish, on request of a
representative of the Officer, the name and address of the person from whom the
carrier received the livestock or poultry carcasses, or parts thereof, and
copies of all documents pertaining to the delivery of such carcasses, or parts
thereof, to the carrier.

4. A person, firm or corporation is not
subject to the penalties imposed by this section for receiving for
transportation any shipment in violation of NRS 583.255
to 583.555, inclusive, if the receipt was made in
good faith, unless the person, firm or corporation refuses to furnish on
request of a representative of the Officer:

(a) The name and address of the person from whom
such shipment was received; and

(b) Copies of all documents pertaining to the
delivery of the shipment to the person, firm or corporation.

NRS 583.505Reporting of violations.Before
any person is prosecuted for violation of NRS 583.475
and 583.485, the Officer shall give such person
against whom such proceeding is contemplated reasonable notice of the alleged
violation and opportunity to present the person’s views orally or in writing
with regard to such contemplated proceeding. Nothing in NRS
583.255 to 583.555, inclusive, requires that a
person be prosecuted for violations of NRS 583.475
and 583.485 whenever the Officer believes that the
public interest will be adequately served by a suitable written notice or
warning.

(Added to NRS by 1969, 989; A 1971, 897)

NRS 583.515Exemptions.

1. The State Board of Health shall, by
regulation and under such conditions as to labeling and sanitary standards,
practices and procedures as it may prescribe, exempt from specific provisions
of NRS 583.255 to 583.555,
inclusive:

(a) Livestock producers and poultry producers,
who are natural persons with respect to livestock and poultry carcasses and
parts thereof processed by them from livestock or poultry raised on their own
farms for use by them, members of their households, nonpaying guests and
employees.

(b) Retail dealers with respect to:

(1) Meat sold directly to consumers in
individual retail stores or restaurants which are subject to inspection by the
State Board of Health.

(2) Poultry products sold directly to
consumers in individual retail stores, if the only processing operation
performed by such retail dealers with respect to poultry is the cutting up of
poultry products on the premises where such sales to consumers are made.

(c) Persons slaughtering poultry or processing or
handling poultry carcasses or parts thereof which have been or are to be
processed in accordance with recognized religious dietary laws, to the extent
that the Officer determines is necessary to avoid conflict with such
requirements.

2. The Officer may by order suspend or
terminate for cause any exemption under this section.

(Added to NRS by 1969, 989; A 1971, 897; 1975, 603)

NRS 583.525Denial of inspection.The
Officer may withdraw or otherwise deny approval with respect to any
establishment, for such period as the Officer deems necessary, to effectuate
the purposes of NRS 583.255 to 583.555, inclusive, for any violation of NRS 583.255 to 583.555,
inclusive, by the operator, or any one responsibly connected with the operator,
of such establishment.

(Added to NRS by 1969, 990; A 1971, 898; 1975, 604)

NRS 583.527Inspection of articles not intended for use as food for humans
prohibited; denaturing or other identification required.

1. Inspection shall not be provided
pursuant to NRS 583.255 to 583.555,
inclusive, at any establishment for the slaughter of poultry, cattle, sheep,
swine, goats, horses, mules or other equines, or the preparation of any
carcasses or parts thereof of such animals, which are not intended for use as
human food.

2. Such articles shall, prior to their
offer for sale or transportation in intrastate commerce, unless naturally
inedible by humans, be denatured or otherwise identified as prescribed by
regulations of the Officer to deter their use for human food.

3. No person, firm or corporation shall
buy, sell, transport or offer for sale or transportation or receive for
transportation in intrastate commerce or import, any carcasses, parts thereof,
meat or meat food products of any such animals which are not intended for use
as human food unless they are denatured or otherwise identified as required by
the regulations of the Officer or are naturally inedible by humans.

(Added to NRS by 1971, 889)

NRS 583.529Detention of articles for investigation of violations; removal
of official marks.

1. Whenever any carcass, part of a
carcass, meat or meat food product of poultry, cattle, sheep, swine, goats,
horses, mules or other equines, or any product exempted from the definition of
a meat food product, or any dead, dying, disabled or diseased poultry, cattle,
sheep, swine, goat or equine is found by any authorized representative of the
Officer upon any premises where it is held for purposes of, or during or after
distribution in, intrastate commerce or otherwise subject to NRS 583.255 to 583.555,
inclusive, and there is reason to believe that any such article is adulterated
or misbranded and is capable of use as human food, or that it has not been
inspected, in violation of the provisions of NRS
583.255 to 583.555, inclusive, it may be detained
by such representative for a period not to exceed 20 days, pending further
investigation, and shall not be moved by any person, firm or corporation from
the place at which it is located when so detained, until released by such
representative.

2. All official marks may be required by
such representative to be removed from such article or animal before it is
released unless it appears to the satisfaction of the Officer that the article
or animal is eligible to retain such marks.

(Added to NRS by 1971, 890)

NRS 583.535Regulations of State Board of Health; appointment of necessary
personnel.

1. The State Board of Health shall
promulgate such rules and regulations as are necessary to carry out its
responsibilities pursuant to NRS 583.255 to 583.555, inclusive.

2. The rules and regulations must
establish:

(a) Procedures for hearings;

(b) Standards for licensure;

(c) Standards for ante mortem and postmortem
inspections;

(d) Standards for inspection of products; and

(e) Fees for permits, licenses and inspections.

3. The rules and regulations must be in
conformity with the provisions of the Wholesome Meat Act and Wholesome Poultry
Products Act unless the Officer determines that a provision of the Act is not
in accord with the objectives of NRS 583.255 to 583.555, inclusive.

4. The Officer shall appoint such
qualified personnel as are necessary to carry out the Officer’s
responsibilities pursuant to NRS 583.255 to 583.555, inclusive.

NRS 583.537Regulation of commerce in dead or diseased animals or poultry.No person, firm or corporation engaged in the
business of buying, selling or transporting in intrastate commerce, or
importing, dead, dying, disabled or diseased animals, or any parts of the
carcasses of any animals that died otherwise than by slaughter, shall buy,
sell, transport, offer for sale or transportation, or receive for
transportation, in intrastate commerce, or import, any dead, dying, disabled or
diseased poultry, cattle, sheep, swine, goats, horses, mules or other equines,
or parts of the carcasses of any such animals that died otherwise than by
slaughter, unless such transaction, transportation or importation is made in
accordance with such regulations as the Officer may prescribe to assure that
such animals, or the unwholesome parts or products thereof, will be prevented
from being used for human food purposes.

(Added to NRS by 1971, 889)

NRS 583.539Regulation of storage and handling of carcasses and products.The Officer may by regulations prescribe
conditions under which carcasses, parts of carcasses, meat and meat food
products of poultry, cattle, sheep, swine, goats, horses, mules or other
equines, rabbits or game mammals, capable of use as human food, must be stored
or otherwise handled by any person, firm or corporation engaged in the business
of buying, selling, freezing, storing or transporting, in or for intrastate
commerce, or importing, such articles, whenever the Officer deems such action
necessary to assure that such articles will not be adulterated or misbranded
when delivered to the consumer.

NRS 583.543Penalty for acceptance of bribes.If
an inspector or the Officer accepts any money, gift or other thing of value
from a person, firm or corporation with the knowledge that the money, gift or
other thing of value is to influence the inspector’s or Officer’s official duty
pursuant to NRS 583.255 to 583.555,
inclusive, the inspector or Officer must be summarily discharged from office
and is guilty of a category C felony and shall be punished as provided in NRS 193.130.

NRS 583.545Inapplicability of state law; agreements with Federal
Government.

1. NRS 583.255
to 583.555, inclusive, do not apply to any act or
transaction subject to regulation under the Wholesome Poultry Products Act and
the Wholesome Meat Act.

2. The Department of Health and Human
Services may enter into agreements with the Federal Government in carrying out
the provisions of NRS 583.255 to 583.555, inclusive, the Wholesome Poultry Products Act
and the Wholesome Meat Act, and may accept financial aid from the Federal
Government for such purpose.

(Added to NRS by 1969, 990; A 1971, 899; 1973, 1406)

NRS 583.549Injunctive relief; specific enforcement.The district courts of this state are vested
with jurisdiction specifically to enforce and to prevent and restrain
violations of NRS 583.255 to 583.555,
inclusive.

(Added to NRS by 1971, 887)

NRS 583.555Costs of inspection; schedule of killing days.

1. The cost of inspection of an official
establishment must be paid by the owner or operator of the establishment.

2. The Officer may establish a mandatory
schedule of killing days for an official establishment in any area of the State
if the schedule conforms with the reasonable needs of the establishment and has
received the approval of the Division of Public and Behavioral Health of the
Department of Health and Human Services. If such a schedule is established, it
must be exclusively used for the inspection of the slaughtering operations of
the official establishment.